Josephine Howe
Partner | Legal
Jersey
Partner
Jersey
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Newsletter
02 July 2024
Global
4 min read
ON THIS PAGE
RELATED
2024 is the year of elections and this week will see UK voters go to the polls.
The next gen have the opportunity to make their voice heard in the election, but they are already shaping the wealth sector – their views and wishes are impacting trends and practices within private wealth, including how to use their wealth to do good.
Environmental, social, and governance considerations are not "next gen" issues per se, but the next gen is charged with navigating them. They are carrying the baton at a time of considerable and accelerated wider change. But how does this impact the role of the trustee? Partner Josephine Howe answers this question in our lead article.
Also in this edition, we share fantastic news for our multi-jurisdictional team and delve into more insights, including a Cayman law analysis on "no contest clauses" and "flee clauses" and the role of shortcomings of these clauses when used in modern trust instruments.
If you'd like to discuss any of the topics covered, reach out to your Ogier contact or any member of our team.
Meet Ogier's Trusts Advisory Group.
In our lead article, partner Josephine Howe explores the role of the trustee and the challenges they face, navigating a complex landscape while balancing families' ESG ambitions and their duties as trustees to beneficiaries. Read our lead article ...Â
Cayman-based, Deborah is a talented expert within Ogier's Dispute Resolution team and Trust Advisory Group, recognised by peers and leading directories. Spanning both contentious and non-contentious sides of the practice, Deborah specialises in finding resolutions for complex issues. Read more ...
It is common for those establishing trusts to take steps to ensure their hard work is not undone by beneficiaries litigating future grievances. One of the tools in a trust advisor's arsenal is a provision which can disincentivise challenge and mitigate litigation risk arising from estate planning. That provision is known as a no contest clause. Read more ...
When establishing a trust structure, private wealth experts will explain the risk profile of each option available as well as the relevant advantages and drawbacks. However, there remain circumstances in which a presently advantageous mode of wealth structuring can be put in place with automatic safeguards to change its home jurisdiction if certain "trigger events" (normally defined to include geopolitical unrest and / or natural disasters) occur which make that jurisdiction less advantageous. Enter the "flee clause". Read more ...
Chris Hards, Diana Rodriguez and George Yates have been recognised as rising stars of the private client profession in the 2024 eprivateclient Crown Dependencies NextGen Leaders list. The annual list recognises, introduces and promotes outstanding professionals and talent based in the Crown Dependencies. Read more ...
An executor (or administrator) is key to the probate process. They are responsible for administering the estate of the deceased and distributing to beneficiaries. It is thankfully rare for there to be contentious disputes between the executor and beneficiaries. However, the Royal Court has recently explored the removal of an executor in the decision of Lakeman v Lakeman [2023] JRC 187. Read more ...
Ogier in Guernsey successfully assisted Dr Richard Tucker Loero in securing an order from the Royal Court declaring that Dr Tucker Loero's funds held in a trust in Guernsey were not the proceeds of crime, for the purposes of the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999. The Ogier team was led by partner Bryan de Verneuil-Smith, assisted by senior associate Nick Taitz, associate Chloe Gill and trainee English solicitor Natália Jopling Tanser. Read more ...
Based out of Dubai, Simon is well known as a senior statesman across the region. Working with clients across the Middle East, Simon will be an ambassador for Ogier's global jurisdictions – BVI, Cayman, Guernsey, Ireland, Jersey, Luxembourg. Read more ...
This case considers the circumstances in which the Royal Court of Jersey will approve the variation of the terms of a Jersey trust pursuant to of Article 47 of the Trusts (Jersey) Law 1984, where that variation forms part of a planned wider restructuring of the trust in question. Read more ...
In the Conservative Spring Budget on 6 March 2024, fundamental proposals were announced which, if enacted, would have dramatic effects to the manner in which non-UK domiciled and resident individuals will be taxed from 6 April 2025. Read more ...
Partner James Campbell has once again been named in the eprivateclient 50 Most Influential list for 2024, marking his sixth consecutive inclusion. This prestigious list serves as a definitive guide, highlighting leaders in the UK and offshore private client practitioner sector. Read more ...
The family wealth management company (société de gestion de patrimoine familial – SPF) is a special investment vehicle dedicated to individuals and their relatives (and any intermediate entity) for managing their private financial assets. From a Luxembourg tax perspective, the SPF benefits from a broad tax exemption regime combined with low legal and regulatory requirements which offers lots of flexibility. Read more ...
In our experience, every single family office is different and reflects the needs and interests of the family that it serves. In each case the matters for which a family office will be responsible and the mechanism for governance of a family office should be considered carefully at the outset. Read more ...
Ogier's global head of Private Wealth, Matt Guthrie, has been named Channel Islands Lawyer of the Year by Citywealth. He said: "I'm backed by an incredibly strong global team at Ogier. It is as much our Private Wealth team's award as it is mine and I am very privileged to work with all of them." Read more ...
Mathew Newman, Sandie Lyne and Fay Warrilow from Ogier's Trust Advisory Group chatted about recent Guernsey and Jersey trust law cases with an audience of local practitioners last week. Topics ranged from disclosure requests to momentous decisions, as partners Mathew and Sandie and senior associate Fay discussed the limits of the court's supervisory jurisdiction and how that might differ between the Jersey and Guernsey courts. Read more ...
Josephine Howe
Partner | Legal
Jersey
Partner
Jersey
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Matt Guthrie
Partner | Legal
Guernsey
Partner
Guernsey
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James Angus
Partner | Legal
Jersey
Partner
Jersey
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Deborah Barker Roye
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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James Campbell
Partner | Legal
Jersey
Partner
Jersey
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Aurélie Clementz
Partner | Legal
Luxembourg Legal Services
Partner
Luxembourg Legal Services
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Bryan De Verneuil-Smith
Partner | Legal
Guernsey
Partner
Guernsey
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Jonathan Hughes
Partner | Legal
Jersey
Partner
Jersey
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Brian Lacy
Partner | Legal
British Virgin Islands, Jersey
Partner
British Virgin Islands, Jersey
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Sandie Lyne
Partner | Legal
Guernsey
Partner
Guernsey
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Rebecca McNulty
Partner | Legal
Jersey
Partner
Jersey
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Catherine Moore
Partner | Legal
Guernsey
Partner
Guernsey
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Mathew Newman
Partner | Legal
Guernsey
Partner
Guernsey
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Anthony Partridge
Partner | Legal
Cayman Islands
Partner
Cayman Islands
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Rachael Reynolds KC
Global Senior Partner | Legal
Cayman Islands
Global Senior Partner
Cayman Islands
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Henry Wickham
Partner | Legal
Jersey
Partner
Jersey
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Nick Williams
Partner | Legal
Jersey
Partner
Jersey
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Helen Ruelle
Director of Local Legal Services | Legal
Jersey
Director of Local Legal Services
Jersey
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Simon Goldring
Director | Legal
Dubai
Director
Dubai
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Hadrien Brémon
Counsel | Legal
Luxembourg Legal Services
Counsel
Luxembourg Legal Services
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Chris Hards
Managing Associate | Legal
Guernsey
Managing Associate
Guernsey
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Jordan Constable
Senior Associate | Legal
Cayman Islands
Senior Associate
Cayman Islands
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Matthew Davies
Senior Associate | Legal
Jersey
Senior Associate
Jersey
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Diana Rodriguez
Senior Associate | Legal
Guernsey
Senior Associate
Guernsey
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Nick Taitz
Senior Associate | Legal
Guernsey
Senior Associate
Guernsey
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Fay Warrilow
Senior Associate | Legal
Guernsey
Senior Associate
Guernsey
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George Yates
Senior Associate | Legal
Jersey
Senior Associate
Jersey
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Chloe Gill
Associate | Legal
Guernsey
Associate
Guernsey
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Gregory Haddow
Associate | Legal
Cayman Islands, British Virgin Islands
Associate
Cayman Islands, British Virgin Islands
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Muriel Jarosz
Associate | Legal
Luxembourg Legal Services
Associate
Luxembourg Legal Services
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Lara Morand
Associate | Legal
Jersey
Associate
Jersey
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Natália Jopling Tanser
Trainee Solicitor | Legal
Guernsey
Trainee Solicitor
Guernsey
Contact Natália
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